回複：公司對我的人格侮辱和迫害

What you have described is not criminal, not related to employment law, either has it anything to do with discrimination. I believe that is why you weren't successful in finding a lawyer.

What you need is to find a tort law to sue for damage. Here are some ideas of the lawsuit:

1. What your manager and your co-worker said could support a defamation claim. It will be slander if it is oral and libel if it is written. Defamation is a false statement about the plaintiff, published by the defendant to at least one more person who understands it. Defamation is a strict liability tort so that the falsity of the statement and the damage are presumed. According to Restatement (2), a communication is defamatory if it tends to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him. You must prove with preponderance of evidence that (1) there is a false communication, (2) about yourself, (3) published by somebody to a person other than you, that (4) holds you up to ridicule, scorn, or contempt. Mere assault, hyperbole, joke, or pure opinion would not suffice.

There are four types of slander per se that most courts will not even ask you to prove special percuniary damage: (1) slanderous communication accused somebody not fit in his profession, (2) a loathsome disease such as AIDS, (3) a serious crime involved moral turpitude, (4) serious sexual misconduct such as chastity in a woman. In your situation the slander is a slander per se because it falls into the first category.

In common law, truth will be the defense to slander so that what they accused of you was true, you lose. Second, consent is a defense that you lose if you consented to all of these. Third, somebody will have privilege. Absolute privilege applies to people such as the president. No matter what he says he will not be liable for defamation. Somebody will also have qualified privilege, for example, your manager or co-worker. This will be your biggest hurdle because you need to prove that they did all of these not for the best interest of the company, thus the privilege is abused and lost. Otherwise, you lose.

Even if you lose in the defamation claim, there are some other things to consider:

1. You can claim an invasion of privacy of public disclosure of a private true fact. You will need to prove that the accusation was regarding to your private life, not news-worthy, and the public disclosure will be highly offensive to a reasonable person.

2. You can also claim invasion of privacy of false light. You need to prove that the statements were false and the publication were highly offensive to a reasonable person, AND there was some fault from the defendant. Most courts will require a proof of negligence of the defendant.

In addition to these claims, I suggest you consider intentional infliction of emotional distress and/or negligent infliction of emotional distress. Most courts will require a proof that you had a physical manifestation of the emotiona distress. Some courts will require you to prove percuniary damage first before recovering of NIED.

About damage, tort will compensate a plaintiff such that the plaintiff will be restored in a status before injury. Money damage, pain and suffering, emotional distress can all be recovered.

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• One more thing -apt- ♂ (223 bytes) () 05/29/2006 postreply 21:18:49